(1) The clerk of the trial court shall transmitclerk of district court must forward the exhibits necessary for the determination of the appeal and the record on appeal, excluding the transcript, to the supreme court not less than 25 nor more than 30 days after the filing of the notice of appeal unless otherwise directed by the supreme court, or by a party or reporter pursuant tothe person preparing the transcript, as provided in subdivision (c).

(2) After filing the notice of appeal, the appellant shall take any action necessary to expedite the assembly and transmission of the recordmust do what is necessary to enable the clerk of district court to assemble and forward the record. If more than one appeal is taken, a single record must be transmitted within the period above stated.

(b) Method of Transmitting theForwarding Record. The clerk of the trial court shall number the documents comprising the record and shall transmit with the record a list of the documents correspondingly numbered and identified with reasonable definiteness.(1) Documents Numbered and Listed. The clerk of district court must number the documents constituting the record and send them to the supreme court clerk, together with a list of the documents correspondingly numbered and reasonably identified.Documents of unusual bulk or weight and physical exhibits other than documents shall not be transmitted by the clerk unless he is directed to do so by a party or by the clerk of the supreme court.

(2) Unusual Bulk or Weight. Unless directed to do so by a party or by the supreme court clerk, the clerk of district court must not forward to the court documents of unusual bulk or weight, or physical exhibits other than documents.A party shall make advance arrangements with the clerk for the transportation and receipt of exhibits of unusual bulk or weight.If the exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for their transportation and receipt.Transmission of the record is effected when the

(3) Mail or Other Means; Endorsement. The clerk of the trialdistrict court mails or otherwise forwardsmay forward the record to the supreme court clerk of the supreme courtby mail or other means. The clerk of the trialdistrict court shallmust indicate, by endorsement on the face of the record or otherwise, the date upon which itthe record is transmittedforwarded to the supreme court.

(c) Temporary Retention of Record in TrialDistrict Court for Use in Preparing Briefs and Transcript.

(1) A party or reporterthe person preparing the transcript may retain the record in the trialdistrict court by sending a written request to the clerk of the trialdistrict court within the earliest time stated in subdivision (a) for transmission offorwarding the record. Copies of the request must be sent to all counsel of record and to the supreme court clerk of the supreme court.

(2) If the record is retained by a party under this subdivision, the appellant, upon receipt of the brief of the appellee, shallappellee's brief, must request the clerk of the trial district court to transmitforward the record, unless transmissionforwarding of the record at an earlier time is agreed upon by the parties or directed by the supreme court.

(3) If the record is retained by the reporterperson preparing the transcript under this subdivision, the reporter, upon the filing of the transcript, shallthat person must request the clerk of the trialdistrict court to transmitforward the record, unless transmission of the record at an earlier time is directed by the supreme court directs the record to be forwarded at an earlier time.

(d) Retention of the Record in the Trial Court by Order of Court.Retaining the Record by Court Order.

(1) The supreme court may provide by rule or order that a certified copy of the docket entries shall be transmitted in lieu ofbe forwarded instead of the entire record, subject to the right of any party to request at any time during the pendency of the appeal that designated parts of the record be transmitted. But a party may at any time during the appeal request that designated parts of the record be forwarded.

(2) The district court may order the record or some part of it retained if the court needs it while the appeal is pending, subject to call by the supreme court.

(3) If part or all of the record is ordered retained, the clerk of district court must send to the supreme court a copy of the order and the docket entries, together with the parts of the original record allowed by the district court and copies of any parts of the record designated by the parties.

If the record or any part thereof is required in the trial court for use there pending the appeal, the trial court may make an order to that effect, and the clerk of the trial court shall retain the record or parts thereof subject to the request of the supreme court, and shall transmit a copy of the order and of the docket entries together with those parts of the record the trial court allows and copies of those parts the parties designate.

(e) Stipulation of Parties That Parts of the Record Be Retained in the Trial Court.

(e) Retaining Parts of Record in District Court by Stipulation of Parties. The parties may agree, by written stipulation filed in the trialdistrict court, that designated parts of the record shall be retained in the trialdistrict court unless thereafter the supreme court shall order or any party shall request their transmittal, subject to call by the supreme court or request by a party. The parts thusof the record so designated shall nevertheless be aremain a part of the record on appeal for all purposes.

(f) Record for Preliminary Hearing in the Supreme Court. If before the record is transmitted a party desires to make in the supreme court a motion for dismissal, for release, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, the clerk of the trial court at the request of any party shall transmit to the supreme court those parts of the original record any party designates.

(f) Record for Preliminary Motion in Supreme Court. If, before the record is forwarded, a party makes any of the following motions in the supreme court:

for dismissal;

for release;

for a stay pending appeal;

for additional security on the bond on appeal or on a supersedes bond; or

for any other immediate order--

the clerk of district court must send the supreme court any parts of the record designated by any party.

(g) Filing of the Record. Upon receipt of the record, or of the parts of the record authorized to be filed under the provisions of subdivision (d),by the supreme court clerk of the supreme court following timely transmittal, and after the appeal has been docketed, the clerk shallmust file the record. The clerk shallmust give notice immediately to all parties of the date on which the record is filed.

(h) Dismissal for Failure to Timely Forward Recordof Appellant to Cause Timely Transmission. If the appellant fails to cause timely transmissionforwarding of the record, any appellee may file a motion in the supreme court to dismiss the appeal. The motion must be supported by a certificate of the clerk of the trial court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order or request extending the time for transmitting the record, and by proof of service.The motion must be supported by the following:

a certificate of the clerk of district court showing the date and substance of the judgment or order from which the appeal was taken;

the date on which the notice of appeal was filed;

the expiration date of any order or request extending the time for forwarding the record; and

proof of service.

The appellant may respond within 14 days after service on himafter service of the motion.

EXPLANATORY NOTE

Rule 11 was amended, effective March 1, 2003.

The duty of transmission ofto forward the record to the Supreme Courtsupreme court is imposed upon the clerk of the trialdistrict court. However, the appellant's counsel has the primary responsibility for assuring that there is timely transmissionforwarding of the record.

As amended, Rule 11 separates the responsibilities of the trial court clerk of district court and the reporterperson preparing the transcript with regard to the record. The trial court clerk of district court has the duty of transmittingforwarding the record, excluding the transcript, to the Clerk of the Supreme Courtsupreme court clerk. The reporter, required by Rule 10(c),person preparing the transcript is responsible for filing the transcript under Rule 10(c).

Under subdivision (a) the record is transmittedforwarded to the Supreme Courtsupreme court 25-30 days after the notice of appeal is filed, unless the Supreme Courtcourt requests it at another time or a party or the reporterperson preparing the transcript wishes to retain the record pursuant toas provided in subdivision (c).

Subdivision (c) contains a streamlined procedure whereby an attorney or party may retain the record in the trialdistrict court for the purpose of preparing briefs, or the reporterperson preparing the transcript may retain the record in the trialdistrict court for reference in completion ofwhile completing the transcript. TheA person wishing to retain the record must send a written request to the clerk of the trialdistrict court within 25 days after the notice of appeal is filed, with copies to other counsel and the Clerk of the Supreme Courtsupreme court clerk.

Subdivisions (b), (d), (e) and (f) remain basically unchanged from the former rule. Subdivisions (g) and (h) were formerly found in Rule 12. It should be noted that for purposes of these rules, the transcript continues to be a part of the record, but is handled differently than the remainder of the record.

Rule 11 was amended, effective March 1, 2003, in response to the December 1, 1998, amendment to Fed.R.App.P. 11. The language and organization of the rule were changed to make the rule more easily understandable and to make style and terminology consistent throughout the rules.